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Abstract

This book will cover the question, whether the International Criminal Court (ICC) can be regarded as an International Criminal World Court, capable of exercising jurisdiction upon every national of the world, despite the fact that the Court constitutes a treaty-based body which at this stage does not include all States of the world. To underline the phenomenal development in international criminal law over the past 50 years and the tremendous progress of the establishment of International Tribunals and in particular the International Criminal Court, a historical excursus will be given. Furthermore, the ICC and its intention and characteristics will be presented to determine the main question, if this permanent and independent Court can be regarded as a Criminal World Court. The analysis will be based on a twin-pillar system consisting of a judicial and an enforcement pillar. While the first pillar is based on the Rome Statute itself, addressing the question whether the ICC has the capability of exercising its strength through the application of its jurisdiction regime, the enforcement pillar contains an analysis regarding the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions on the one hand and its practical implementation through States practice on the other hand. The examination of both pillars comprises an analysis regarding the strength of the provisions themselves while simultaneously determining their applicability to Member- as well as Non-Member States to the Rome Statute.

References

  1. Akande, Dapo (2009). The Legal Nature of Security Council Referrals to the ICC and its Impact on Al Bashir’s Immunities. In: Journal of Criminal Justice 7: 333-352.Google Scholar
  2. Cassese, Antonio (1998). Reflections on International Criminal Justice. In: Modern Law Review 61, No. 1: 1-10.Google Scholar
  3. Kaul, Hans-Peter (2007). The International Criminal Court: Current Challenges and Perspectives. In: Washington University Global Studies Law Review 6, No. 3: 575-582.Google Scholar
  4. Kirsch, Philippe (2007). Address to the United National General Assembly, 1. November 2007, available at: https://www.icc-cpi.int/NR/rdonlyres/754F8043-22DB-4D78-9F8C-67EFBFC4736A/278573/PK_20071101_ENG.pdf. Last accessed 12 Dec 2017.
  5. Pedretti, Ramona (2015). Immunity of Heads of State and State Officials for International Crimes. Leiden, Boston: Brill Nijhoff.Google Scholar
  6. Triffterer, Otto and Burchard, Christoph (2016). Article 27- Irrelevance of official capacity. In: O. Triffterer and K. Ambos (eds.), The Rome Statute of the International Criminal Court, A Commentary. Third Edition, 1037-1055. München: Beck.Google Scholar

Copyright information

© Springer International Publishing AG, part of Springer Nature 2018

Authors and Affiliations

  • Sarah Babaian
    • 1
  1. 1.Faculty of LawUniversity of HamburgHamburgGermany

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